Local, state officials unwilling to join Alcala lawsuit against Topeka

In allowing a lawsuit challenging the city of Topeka’s contract for an interim fire chief to move forward, a Shawnee County District Judge left the door open for other public officials to join the lawsuit, but those contacted by The Topeka Capital-Journal weren’t willing.

In the lawsuit that R.E. “Tuck” Duncan filed on behalf of state representative and former city councilman John Alcala, Duncan sought a temporary injunction to block the contract with the city of Goodyear, Ariz., to loan deputy fire chief Tim Wayne to Topeka. Judge Rebecca Crotty denied the injunction but acknowledged that others, including the District Attorney’s Office or a sitting council member, would have stronger legal authority to stop city manager Jim Colson’s contract.

“As noted by a number of Kansas cases, however, the State of Kansas — through the Attorney General’s office or the District Attorney’s office — would have standing to seek the relief that must be denied to (Alcala),” Crotty wrote. “Likewise, an active member of the City Council of the City of Topeka, too, would likely have the standing (Alcala) appears to lack.”